LAND ACQUISITION OFFICER Vs. DIJABAR PANDA

JUDGEMENT

(1.) During pendency of the appeal, respondent No. 1 having died, the application for substitution has been filed with petitions for setting aside the abatement and condonation of delay. Since the question of substitution would depend upon the delay being condoned and abatement being set aside, the three application are heard one after the other and are disposed of by this common order.

(2.) Mr. S.C. Ghosh, the learned counsel for the deceased respondent No. 1 appeared on behalf of the legal representatives on instruction and undertook to file the vakalatnama on or before the 6th Jan., 1987. In view of such undertaking, no notice is required to be sent to the proposed legal representatives any more and the applications are finally heard on merits.

(3.) On the basis of a notification, the State Government compulsorily acquired the land of the respondents under the Land Acquisition Act. On the demand of the respondents for higher compensation reference under S.18 of the Land Acquisition Act was made and the learned Subordinate Judge having awarded higher compensation, this appeal has been filed by the State Government challenging the award to the extent of Rs. 15,400/-. The learned Advocate General and the Additional Standing Counsel presented the appeal as Government Pleaders thereinafter referred to as the Government pleader'). On notice, respondent No. 1 appeared along with other respondents on 28-4-1981 and after hardly five months, he died on 23-9-1981.